Lawsuit alleges deputy illegally entered Ypsilanti Township home to serve arrest warrant
An Ypsilanti Township woman is suing a Washtenaw County sheriff’s deputy, alleging he broke into her home while she wasn’t there in March during an apparent attempt to serve her son with an arrest warrant.
Eleanor Weatherspoon is suing Deputy John Cratsenburg and the sheriff’s department, seeking an unspecified amount of money.
The suit, filed Tuesday in federal court in Detroit, also alleges the sheriff's department failed to comply with a Freedom of Information Act request for a copy of the warrant.
Weatherspoon’s attorney, Ronald Steinberg, could not be reached for comment Thursday. The Washtenaw County Corporation Counsel's office declined to comment.
The lawsuit says Weatherspoon left her house at 1 p.m. March 9, making sure "all doors and windows were closed and locked." According to the suit, she returned five hours later and discovered the rear door had been broken in and a business card was left on the kitchen table.
The suit says Cratsenburg apparently left the card, seeking information about Weatherspoon's 23-year-old son, Tyrell, who was wanted on an arrest warrant. The lawsuit says nothing was taken from the Lori Street home and "no valid search warrant had been placed in or about the property."
Washtenaw County court records show an arrest warrant was authorized on that date, charging Tyrell Weatherspoon with third-degree home invasion. It's unclear whether deputies obtained any search warrants to enter the home. The suit claims Tyrell Weatherspoon doesn't live there.
When Eleanor Weatherspoon contacted the sheriff's department, the suit alleges, "Cratsenburg had claimed the door had been broken in when he arrived," and he entered the home and searched it without her consent.
Investigators have been looking into the allegations made against Cratsenburg, said sheriff's department spokesman Derrick Jackson.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at 734-623-2527 and e-mail at leehiggins@annarbor.com.
Comments
Mick52
Thu, Jun 17, 2010 : 9:29 p.m.
Not true Butler. A felony arrest warrant for a person carries the weight of a search warrant of the suspect's home. You don't even have to have with you a copy of the arrest warrant to leave in the house. It was nice of the deputy to leave his card. The deciding case is Payton v New York. If officers search a place with a SW there is a requirement that you must leave a copy of the warrant and the affidavit in the building. But for a felony arrest, in the person's home, a SW is not needed. A caveat: This may have changed since I did it, based on new court rulings. A quick review online found no change from Payton.
buster
Mon, Jun 14, 2010 : 11:20 p.m.
Sorry Folks But just leaving a card at the scene is not enough!!!If the police break in they have to leave acopy of the arrest/Search Warrernt or if the person calls to findout they have to produce a copy of the warrent for her. not leaving the warrent or making a copy available to her violates her rights to privacy (if they had one chances are they did'nt). So on a technicality she may just have a case. I am not for the criminals but cops leave a bad taste in my mouth especially ANN ARBOR. cops are Pr!%#$!!!!!
pawky
Sat, Jun 12, 2010 : 5:06 a.m.
Rest assured, deputies, that those of us law-abiding citizens do appreciate all that you do for us to keep our neigborhood safe. God bless!
tinkerbell
Fri, Jun 11, 2010 : 10:54 p.m.
I wonder if the victims of the Home Invasion Third plan to sue the Weatherspoons
girlhunter
Fri, Jun 11, 2010 : 4:40 p.m.
I have to say that I can agree that just beacuse the son is a "felon" does not mean the mother is. We as parents hope that our kids would always make the right choice. In this instant.. it is evident that the son did not. It is not the fault of the mother that her adult son has run amuck. now if the mother knows that he is wanted and is letting him stay with her.. that is another story. I feel bad for parents who protect thier childern no matter what.. beacuase it usually means that the parents end up losing and the kids end up in jail and dead. So I would be interested in the rest of the details of the story. Do I feel the police were out of line.. well I am on the fence about that.. if they belived that the suspect was hiding in the home.. then no I do not think that they went to far.. I really do not know one person that would agree that if the suspect had been hauled off in cuffs that a breif sigh of realife would not be heard. But if they knew for sure that no one was there.. then yes it was to far.. but who is to say what the circumstances are.. none of us were there. and if we had been the victim of this crime.. we would have a differnt point of veiw..I am sure.
CYNTHIA
Fri, Jun 11, 2010 : 3:30 p.m.
If the police went into her house with or without a warrant, good luck with that. My husband and I tried to sue Canton Township because they went into our condominium without a warrant because of a water leak which never happened along with 6 other people and my wedding rings had come up missing and a bunch of damage was done. And they told us and our lawyers that it was a frivilous case and that no one can sue a city. We are letting our government take over our constitutional rights. If we do not stop all government agencies and keep them out of our lives, they are going to ruin us more and more. We don't even have a freedom of speech anymore.
Ricebrnr
Fri, Jun 11, 2010 : 2:29 p.m.
@ Carl, No need to imagine. Google "no knock warrant" for many tragic stories.
Carl Duncan
Fri, Jun 11, 2010 : 12:39 p.m.
Wow! It is risky business to enter any home uninvited and unannounced--just think of the possibilities.
Mick52
Fri, Jun 11, 2010 : 11:59 a.m.
Jackietreehorn is spot on correct, although I will add on that this may have been changed by court precedent since I did it myself. One of the several exceptions to the search warrant rule is having a valid arrest warrant for an individual. An arrest warrant carries the weight of a search warrant in regard to the person's residence, for his person, not for evidence. When you start knocking down doors of places other than the offender's residence, it starts getting a little more restrictive. Again, court decisions constantly change the law, but if this home is the offender's residence, this case may be quickly dismissed. Usually police agencies keep up to date on search and entry law through legal update training. Usually the police know your rights better than you do. I used to tell people that when they told me "I know my rights." That an attorney filed this suit may be the based on two things, one the rules have changed, and two, even in law school somebody has to finish at the bottom of the class.
Speechless
Fri, Jun 11, 2010 : 11:50 a.m.
"... Doesn't she have a vested interest...." Eleanor Weatherspoon's "vested interests" might include: • Getting her broken door fixed. • Discouraging future B&E incidents of this variety. • Not having strangers walk into her kitchen at will. • Especially uniformed strangers who can't be bothered to bring a special note from their parent (the judge) explaining their presence. That's rude!
Ricebrnr
Fri, Jun 11, 2010 : 9:23 a.m.
@Wolverine3660 That's pure speculation is not discussed in the story. Why should we believe in the mother of a felon? That sentiment is exactly the kind that can lead to abuses being committed. After all the Authorities are always right, right? There is nothing noted about the mother's criminal history or not in the story and/or what kind of person she is. Thoughts like that can lead to the Federal oversight like in Chicago, New York and Detroit. Little things, left unchecked can lead to big problems latter. We all have a vested interest to "trust but verify" all sides of the story, no matter how inconvenient.
81COM
Fri, Jun 11, 2010 : 9:07 a.m.
I've had the Sheriffs dept show up at my house looking for an old roomate for child support, first thing the officer did was try the door without knocking, I even caught it on the camera, but because he didn't get in I didn't make a stink about it. I wonder if the deputy advised dispatch he found a broken door and was about to investigate? Doesn't sound like it and that would have been the smart thing to do. These type of incidents make it hard to give deputies support when they need it.
Atticus F.
Fri, Jun 11, 2010 : 8:49 a.m.
Bottom line, the police do not have the right to break the law in order to arrest a citizen.
Wolverine3660
Fri, Jun 11, 2010 : 8:42 a.m.
Well, a fugitive's mom accuses the Sheriff's Dept of wrongdoing. What about her credibility? Doesnt she have a vested interest in misrepresenting facts to portray the cops in a poor light?
RuralMom
Fri, Jun 11, 2010 : 8 a.m.
@Jackietreehorn, reason to believe as in the WITNESSED him entering the home in order to evade the police. Showing up and playing a hunch that he MIGHT be there? NOT ALLOWED. Law Enforcement needs to play by the rules too, because when they don't they contribute to people being turned loose on the streets due to cases being thrown out of court due to police misconduct. You can't have it both ways, people blame the judges when cases get thrown out, however the rules of engagement are there for the protection of EVERYONE.
Mikey2u
Fri, Jun 11, 2010 : 7:42 a.m.
The only part of this story that is significant is that there is a warrant charging Tyrell Weatherspoon with third-degree home invasion. Was Tyrell apprehended? Is he armed?
Jackietreehorn
Fri, Jun 11, 2010 : 6:54 a.m.
For all you bookworms out there, that's People v Van Auker, 111 Mich App 478, NW 2d 657 (1981).
tdw
Fri, Jun 11, 2010 : 6:52 a.m.
Time for the armchair lawyers to come out in force
Jackietreehorn
Fri, Jun 11, 2010 : 6:16 a.m.
If the deputy had "reason to believe" the fugitive was inside, Michigan law gives him the authority to break down an outer door to gain entry to a residence based on the arrest warrant alone. It is well-established law. And just because the guy wasn't home doesn't mean the deputy was wrong. Lawsuit in federal court? Give me a break.
Heardoc
Fri, Jun 11, 2010 : 6:04 a.m.
I had the a deputy who attempted to enter my home -- and filed a complaint with the Sheriff's dept and Jerry Clayton was the Internal Affairs investigator. Not sure of what ever happened to complaint but the deputy was removed from the dept. This is a pattern of Washtenaw county Sheriff's dept under Minzy. Still some leftovers from that administration it appears.
yohan
Fri, Jun 11, 2010 : 5:52 a.m.
It is an unfortunate myth, perpetuated by those who hold badges (our "heroes") and the courts, that having a badge means you are above the law and that laws are for "other people".
racerx
Fri, Jun 11, 2010 : 5:48 a.m.
"It's unclear whether deputies obtained any search warrants to enter the home." How can this be unclear? Either they did, or they didn't. Would not the deputies have a small segment of judges to obtain a warrent from? Wouldn't the information be easily obtained if they had obtained one? Or, did they decide to enter the home once the arrest warrent was issued, and just took their chances that he might be at that resident? How hard is it to determine if the officer had a search warrent? Or is this information purposely being left out of the story by the sheriff's department?